SC allows Noida builder, out on bail, to travel abroad

The Supreme Court on Thursday allowed Noida-based builder Satinder Singh Bhasin to travel to USA for medical treatment of his father who is suffering from cancer.

The Supreme Court on Thursday allowed Noida-based builder Satinder Singh Bhasin to travel to USA for medical treatment of his father who is suffering from cancer.

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A bench of justices AM Khanwilkar and Dinesh Maheshwari also came down upon the investigating officer and the deputy superintendent of police (DSP) for filing an affidavit which, the court opined, “questioned its orders” and contained irresponsible and insensitive observations against Bhasin and his father.

The court ordered that the two officers—Sunil Negi and Tanu Upadhyay—be removed from the case and the investigation be taken over by a new officer.

Bhasin, who is accused of cheating allottees after alleged non-delivery of commercial space units in Grand Venice mall in Greater Noida, was earlier granted bail by the top court in November 2019 subject to payment of ₹50 crore. Bhasin is also accused of non-completion of project on time and of siphoning funds raised for the completion of project.

After procuring bail, Bhasin filed an application seeking permission to visit USA on the ground that his father, who is suffering from cancer, requires medical check-up. This was opposed by the Uttar Pradesh government, which, through an affidavit filed by DSP Tanu Upadhyay, stated that the accused is at flight risk and is likely to go absconding if allowed to travel abroad. “..the accused petitioner is at high flight risk and considering the amount involved in the cases filed against him, he is most likely to abscond the process of law, if allowed by this Hon’ble court to visit any foreign country”, the affidavit said.

It was, therefore, urged that instead of further relaxing the conditions in favour Bhasin, his bail should be cancelled since he was refusing to co-operate with the investigation and was taking the legal process for granted. “..it is respectfully submitted that no court would consider allowing an accused on bail in such a case as the present involving huge financial cheating and fraud…to visit a foreign country for any reason.”

The court, however, did not take submissions in the affidavit favourably, which it viewed as casting doubts on its earlier orders allowing bail to Bhasin. “We are shocked that an affidavit was filed at Supreme Court level questioning our orders,” Justice Khanwilkar said.

Senior counsel Aishwarya Bhati, appearing for the state, offered to withdraw the affidavit but the court did not relent. “There is no question of withdrawing an affidavit once filed and is taken on record,” retorted justice Khanwilkar.

The bench then proceeded to order that a new investigating officer be appointed to take over the probe.